Frequently Asked Questions

Q: Where is the Clerk and Master located?: A: In the Jackson County Courthouse on the First Floor. Courthouse is at 101 E. Hull Ave. Gainesboro,TN 38562.

Q: What is the mailing address?: A: Clerk & Master
P.O. Box 342
Gainesboro, TN 38562-0733
Q: What are the office hours?: A: 8 am to 4:00 PM, Monday, Tuesday, Thursday, Friday. 8 am to 3 PM on Wednesday
Q: What is the phone number and fax number?: A: 931-268-9516 (phone) or 931-268-9512 (fax)
Q: How much are copies?: A: Copies - $1.00 per page
Certified Copies - $2.00 per page plus $2.00 for Certification
Q: Can you refer me to an attorney?: A: The Clerk's Office cannot refer attorneys.
Q: What are Court hours?: A: Court hours are when the Court is in session. The regular Court hours begin at 9 a.m.

Q: Am I required to have an attorney in Probate Court?: A: In general, a person has the right to represent oneself in legal proceedings. However, this is discouraged. Persons representing themselves are taking a serious risk in doing so. Legal proceedings involve statutes, court rules, deadlines; and other factors of which non-lawyers may not be aware. A person representing oneself is held to the same standards as if he or she is a lawyer. The judge is not allowed to give advice to the individual who attempts to represent oneself.
Also, it is important to understand that the Courts will not allow a person to represent oneself in his or her capacity as a fiduciary, such as executor, administrator, conservator, or guardian. The reason for this distinction is that in those capacities there are other people involved, such as heirs, beneficiaries under a will, or creditors. While serving as a fiduciary the person is not just representing oneself and therefore must have an attorney.
Q: Do I have to Probate a will?: A: No. However, if a decedent owned assets in his/her individual name it is doubtful that they can be transferred without a probate proceeding.
Q: How long do I have to probate a will?: A: There is no set time required by law. Once probated the will relates back to date of death.
Q: What is the average cost to probate a will?: A: There are different types of costs. There are court costs. Unless there are many claims and other litigation the total court costs should be less than three hundred ($300.00) dollars. Then there are other fees that are dependent on the size and nature of assets. These fees are typically incurred for legal proceedings, for appraisals of real and personal property, and for preparations of tax returns. No two estates are alike and it is very difficult if not impossible to determine what is average. Then too, there are costs incurred in actually transferring assets. The probate process gives some one or ones the right to transfer assets. There are additional costs involved in order to exercise this right. This does not include attorney costs.

Q: How can I determine if an estate is open?: A: To determine if an estate is open call the Clerk & Masters Office at 931 268-9516

Q: What if my question isn't answered here?: A: If you have questions that are not answered here please feel free to call us at (931) 268-9516. The Clerks Office will make every attempt to respond to your question within 48 hours.